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United States of America v. Mask of Ka-Nefer-Nefer

REPLY to Response to Motion re MOTION to Vacate 68 Docket Text Order,, and Opposition to Motion for Extension of Time CLAIMANT THE SAINT LOUIS ART MUSEUM'S REPLY IN SUPPORT OF ITS MOTION FOR EXTENSION OF TIME AND OPPOSITION TO GOVERNMENT'S MOTION TO VACATE JULY 2, 2014 ORDER

58 Cited authorities

  1. Melkonyan v. Sullivan

    501 U.S. 89 (1991)   Cited 5,737 times
    Holding that a district court may not use inherent power to remand in a disability benefits case

  2. Scarborough v. Principi

    541 U.S. 401 (2004)   Cited 851 times
    Holding that a pleading requirement in the Equal Access to Justice Act was not jurisdictional and was therefore curable through subsequent amendment

  3. Custer v. Pan American Life Ins. Co.

    12 F.3d 410 (4th Cir. 1993)   Cited 638 times
    Holding that when the factual circumstances are undisputed, whether the facts suffice to demonstrate the existence of a plan as defined by ERISA is a question of law to be reviewed de novo

  4. Lewis v. District

    523 F.3d 730 (7th Cir. 2008)   Cited 285 times
    Holding that jury could find that employer violated the FMLA if the employer "held [the employee] to the unrealistic expectation that she should accomplish satisfactorily all of the duties of [her] position during her period of FMLA-protected intermittent leave"

  5. Somlyo v. J. Lu-Rob Enterprises, Inc.

    932 F.2d 1043 (2d Cir. 1991)   Cited 427 times
    Holding that a district court did not err by excusing noncompliance with certain local rules, in part because the rules were "technical" and "designed to regulate, for convenience sake, how papers look"

  6. United States v. Indrelunas

    411 U.S. 216 (1973)   Cited 216 times
    Holding that separate document requirement of Rule 58 is mandatory

  7. U.S. v. Eleven Vehicles

    200 F.3d 203 (3d Cir. 2000)   Cited 258 times
    Holding that district courts have discretion to "waive a requirement of its local rules in appropriate circumstances"

  8. OFS Fitel, LLC v. Epstein, Becker & Green, P.C.

    549 F.3d 1344 (11th Cir. 2008)   Cited 181 times
    Holding that voluntary dismissals with prejudice following case-dispositive rulings are reviewable

  9. Tampa Bay Water v. HDR Engineering, Inc.

    731 F.3d 1171 (11th Cir. 2013)   Cited 123 times   1 Legal Analyses
    Holding that a denial of leave to amend is reviewed for abuse of discretion

  10. Dattner v. Conagra Foods, Inc.

    458 F.3d 98 (2d Cir. 2006)   Cited 121 times
    Holding that a dismissal for forum non conveniens does not satisfy the Buckhannon test because plaintiff is "free to pursue his claims against the defendants" in another forum

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 89,115 times   139 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

  13. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,869 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  14. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,439 times   143 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  15. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 28,967 times   22 Legal Analyses
    Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"

  16. Rule 58 - Entering Judgment

    Fed. R. Civ. P. 58   Cited 18,528 times   9 Legal Analyses
    Recognizing that, after a jury verdict, the Court must enter judgment "in a separate document"

  17. Section 2465 - Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest

    28 U.S.C. § 2465   Cited 1,097 times   1 Legal Analyses
    Providing that where, as here, judgment is entered " in part for the claimant and in part for the Government, the court shall reduce the award of costs and attorney fees accordingly"

  18. Rule 83 - Rules by District Courts; Judge's Directives

    Fed. R. Civ. P. 83   Cited 1,029 times   2 Legal Analyses
    Granting authority to District Court to adopt local rules

  19. Section 2071 - Rule-making power generally

    28 U.S.C. § 2071   Cited 640 times   4 Legal Analyses
    Requiring that district court's local rules "be consistent with Acts of Congress and [the national] rules of practice and procedure"